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sunil (student)     12 November 2014

Can a policy override an act ?

Case Study: Let us assume a hypothetical act, say : Driving Licence Act 2000 Definitions: Driver: One who drives a vehicle except an electric gearless scooter. Sec 1: The Central Government may, from time to time, formulate and announce, by notification in the Official Gazette, the Driving Licence policy and may also, in like manner, amend that policy. Sec 2: No person will drive a vehicle without a valid driving licence. Provided that in case the vehicle is an electric gearless scooter, no driving licence shall be necessary. Driving Licence Policy 2001: In exercise of powers conferred by Section 1 of the Driving Licence Act 2000, the Central Government hereby notifies the Driving Licence Policy. The policy shall come into force w.e.f. xx-xx-2001. No person will drive a vehicle without a valid driving licence. ................. Situation: Anil is caught driving an electric gearless scooter without a valid driving licence. He pleads that Sec 2 of the Driving Licence Act 2000 provides for exemption from holding a driving licence in case the vehicle is an electric gearless scooter. Traffic police states as per Driving Licence Policy 2001, No person will drive a vehicle without a valid driving licence, therefore he is liable to pay fine. Whose stand is correct ? Who will win the court case in this situation ? Can a Policy override an Act ?


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 1 Replies

V M DAHAKE (PROPRIETOR)     12 November 2014

Hi Sunil,

 I believe you are already clear and want confirmation. Yes in my opinion as well your hypothetical act has to override policy and not vice versa.


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